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Family and abroad · SPD Advocacia

Married in Brazil and living abroad? The divorce can be done without you traveling

There are three routes: online notary, Brazilian consulate or court. And if the divorce was already done abroad, we show you how to make it valid in Brazil.

Uncontested or contestedAttorney-client confidentialityReplies on WhatsApp
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What are the routes to divorce for those living abroad?

Online notary. With agreement between the spouses, the divorce can be done by public deed, with a lawyer (Code of Civil Procedure, art. 733), on the e-Notariado platform, by video call with the notary, or through a public power of attorney. If there are minor or incapacitated children, we check whether the notary route is possible in the case.

Consulate. The Brazilian consulate can perform the uncontested divorce of Brazilians who have no minor or incapacitated children. The deed sets out the division of assets, support, if any, and the name each spouse will use (LINDB, art. 18, § 1).

Court. Without agreement, the divorce is requested through a lawsuit in Brazil, and you take part through a power of attorney and, when the judge allows, through video hearings.

Divorce granted abroad. It is valid in Brazil once recognized. A simple uncontested divorce can be annotated directly at the registry office; if it deals with custody, support or division of assets, it needs recognition by the STJ (Code of Civil Procedure, art. 961, § 5).

What the law says

Key points

Agreement

An uncontested divorce can be done at a notary office or the consulate; without agreement, only in court.

Minor children

With minor or incapacitated children, the consulate does not perform the divorce.

Division and name

The deed sets out the division of assets, support, if any, and the name each spouse will use.

Divorce abroad

Simple uncontested: direct annotation. With custody, support or division: recognition by the STJ.

Sources: Law of Introduction to the Norms of Brazilian Law, art. 18, § 1 (Law 12.874/2013); Code of Civil Procedure, arts. 733 and 961, § 5; Federal Constitution, art. 105, I, i.

What is your case?

Situations the firm handles

Uncontested

Online notary divorce

Deed by video call, with a lawyer.

CPC, art. 733
Consulate

Divorce at the consulate

For Brazilian couples without minor or incapacitated children.

LINDB, art. 18
No agreement

Contested divorce in Brazil

Lawsuit with you represented by power of attorney.

Divorce action
Children

Custody and support between countries

Visitation and support rules for children in another country.

See page
Abroad

Divorce granted abroad

Direct annotation or recognition by the STJ.

See page
Documents

Power of attorney from abroad

How to sign from the country where you live.

See page
This page provides general information, does not replace an analysis of the case and does not guarantee results.

Step by step

How the firm works

  1. Analysis. We look at whether there is agreement, children, assets and where each person lives.
  2. Route. We indicate notary office, consulate or court, depending on the case.
  3. Documents. Powers of attorney, certificates, apostille and translations, without back and forth.
  4. Annotation. Recording of the divorce on the Brazilian marriage certificate.
5,000+ cases handledTen years in practicePractice before the STJ and STFFeatured in G1, UOL, Estadão and TV Globo

Case analysis

Let's analyze your case

Answer the questions one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary on WhatsApp. Everything is protected by attorney-client confidentiality.

Common questions

Frequently asked questions

Do I need to come to Brazil to get divorced?

In most cases, no. The divorce can be done by video call, at the consulate or through a power of attorney.

My ex-spouse will not sign. What now?

The divorce can be requested in court even without the other spouse's consent. The case proceeds in Brazil and you take part through a power of attorney.

We have minor children. Can we do it at the consulate?

No. The consulate only performs uncontested divorces for those without minor or incapacitated children. In these cases, we assess the notary office or the court.

I got divorced abroad. Do I need another divorce in Brazil?

No. You only need to make the foreign divorce valid here: direct annotation, if it is simple and uncontested, or recognition by the STJ in other cases.

Is a divorce granted in Brazil valid in the country where I live?

It depends on that country's law. In Portugal, for example, when a Portuguese citizen is involved, the Brazilian decision must be reviewed by a Portuguese court, with a lawyer admitted there.

How much does it cost?

After the analysis, the firm sends a written fee proposal, before any engagement.

Lawyer for divorce when living abroad

SPD Advocacia handles divorces for Brazilians living abroad, through an online notary, the consulate or the courts, and handles recognition in Brazil of divorces granted abroad, with online service.

Responsible lawyers

  • Sidnei Pedro Dias OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693 · leads the firm’s cases
  • Adrielle Oliveira OAB/GO 76.298 · civil, family, business and international matters
  • Eduardo Prado OAB/GO 59.836 · criminal and electoral law

Online service throughout Brazil and for Brazilians abroad. Own office in Anápolis, Goiás, Brazil: Av. Juscelino Kubitschek, 500, Genesis Office, rooms 1506 and 1507. About the firm →